H4 I-94 expired 3 months ago


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You can't. Extension of Stay needs to be filed before the status expired. And his visa is now void since he stayed past the I-94 expiration date. In rare cases, they might accept a late Extension of Stay application if there is a good cause for it to be late, and if they approve it, the visa won't be voided, but most likely they won't approve a late application. It's up to you whether you want to try it. Otherwise, he should leave the US, and get a new visa at the US consulate in his country of nationality. Hopefully he's under 18 so he didn't accrue any "unlawful presence".

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